Assault Flashcards

(8 cards)

1
Q

What is assault defined as?

A

an intentional or reckless act which cause a person to apprehend the infliction of immediate unlawful force (Nelson)

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2
Q

The Actus Reus can be

A

Act/Gesture(Logdon)
Words (constanza)
Silent phone calls/stalking(Ireland/Burstow)

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3
Q

Words may what (if relevant)

A

negate what may be assault(Tuberville V Savage/Light)

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4
Q

There must be what in assault

A

Fear as established in (Lamb)

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5
Q

The fear must be

A

Of the immediate unlawful force (Smith V Woking)

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6
Q

The Mens Rea is defined as

A

Intention or recklessness as to causing the apprehension of immmediate unlawful force.

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7
Q

What us transferred malice

A

It is where a crime intended for one person falls on another by accident(Latimer, Mitchell).

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8
Q

What is the coincidence rule

A

It is the rule that says the actus reus and mens rea must coincide at least once

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